Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND MOBILE APP. BY USING THIS SITE AND MOBILE APP, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE OR MOBILE APP.

Copyright in this document is owned by Morey’s Piers. This site and mobile app is owned and operated by Morey’s Piers and is provided to assist you in planning your visit. Any person or entity is hereby authorized to view, copy, and print this document for personal, non-commercial use only. Distribution is not permitted. In addition:

The document may be used for informational purposes only. Any copy of this document or portion thereof must include this copyright notice. You may not alter or attempt to alter any portion of this site or mobile app. Morey’s Piers respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of moreyspiers.com, you agree that you will not use this site or mobile app to infringe the intellectual property rights of others in any way.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), Morey’s Piers will respond expeditiously to claims of copyright infringement committed using the Morey’s Piers website or mobile app that are reported to Morey’s Pier's

TRADEMARKS

Morey’s Piers , the Morey’s Piers Logo(s), and all mascots are trademarks of Morey’s Piers Incorporated (The Morey Organization). All other product names mentioned herein are the trademarks of their respective owners.

THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS PUBLICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. MOREY’S PIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS PUBLICATION AT ANY TIME. MOREY’S PIERS DOES NOT WARRANT THAT THIS SITE OR MOBILE APP WILL BE UNINTERRUPTED OR ERROR- FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREY’S PIERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Legal Statement

Morey’s Piers maintains this Internet site and mobile app as a service to our Guests. The content (images and text) placed by Morey’s Piers at Morey’sPiers.com is copyrighted. You may download the content only for your personal, non-commercial use. The content may not be otherwise copied and may not be modified.

Morey’s Piers will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to its accuracy or completeness. Morey’s Piers shall not be liable for damages of any kind arising out of your access, or inability to access www.moreyspiers.com or your reliance on the information on www.moreyspiers.com .

Clicking on certain links within www.moreyspiers.com will take you into third party websites, for which Morey’s Piers can take no responsibility.

The communications and material you send to www.moreyspiers.com or to Morey’s Piers by Internet electronic mail are on a non-confidential basis with no promise of Morey’s Piers not to use or reproduce these for any purpose whatsoever. Morey’s Piers shall be free to use any ideas, concepts, knowledge, or techniques contained in such information for any purpose including developing, manufacturing, and marketing products. Any information you send to www.moreyspiers.com must be truthful, not violate the rights of others, and be legal.

PRIVACY POLICY/TERMS OF USE

OUR COMMITMENT TO YOUR PRIVACY/TERMS OF USE

Morey’s Piers is committed to protecting your privacy and helping you make the most of your visit to our site and mobile app. This policy explains how we collect, protect, use and share information gathered about you on this website and app.

This website and mobile app are not set up to automatically collect any information about you. You can use www.moreyspiers.com and view much of our content anonymously.

Information You Provide

Some uses of our site and mobile app include the collection of personally identifiable information. These uses include things like entering a contest, making a purchase, or contacting us. When personally identifiable information is collected, you will know because you will have to fill out a form or send us electronic mail. In most instances, we only collect your name, mailing address and e-mail address. When you make a purchase from our web store, we will also collect your street and billing addresses, your phone number, and credit card information.

This website and mobile app does compile certain information about visits to the site and app. Statistics on the numbers and frequency of visitors to our site, app and individual pages are compiled and used internally to improve them. These aggregated statistics may also be provided to third parties for use in website development, but the statistics do not contain any personal information, nor do they permit the gathering of such information.

Cookies

Cookies are pieces of information that allow the website and mobile app to remember important information that will make your visit to the website and app more useful. Moreyspiers.com may use cookies for a variety of purposes.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. If you turn cookies off, some website features will no longer work as intended.

Information Protection

All purchases made through our website and mobile app use a secure server to ensure your transaction is secure. This protection is in the form of Secure Socket Layer (SSL) technology. Your credit card information, as well as your personal information, is converted into encrypted code that cannot be read by others during transmission.

Information Use

Moreyspiers.com uses personally identifiable information in a limited number of ways. For instance, if you purchase an item from this website or mobile app, we use your information to process your order. Information we collect may be used to send you e-mail updates, special offers, and newsletters about our site.

Information Disclosure

We do not obtain personal information about you other than that which you choose to provide, and we will not sell, rent, trade, or otherwise disclose the personal information you provide to anyone outside of Morey’s Piers Incorporated and its other business entities. Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with third parties.

Your Consent

By using our website and mobile app, you consent to the collection and use of this information by Morey’s Piers Incorporated. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

By using this site and app, you signify your agreement to our Privacy Policy. If you do not agree to our Privacy Policy, do not use this site or mobile app. We reserve the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time.

Please check back periodically for any changes we may make to the policy. Your continued use of this site following the posting of changes to these terms will mean you accept these changes.

OPT OUT

You can easily opt out of receiving any information on Morey’s Piers products or services by sending an email to info@moreyspiers.com.

TERMS OF USE & PRIVACY POLICY FOR MOREY'S PIERS AND WATER PARKS MOBILE APP

These terms govern your rights and obligations as an app user.

You must accept them to use the app. If you continue to use the app after reading them, we will assume that you agree to these terms.

1. PURPOSE OF THE APP

This app is the official information and communication channel for mobile devices for Morey’s Piers and Water Parks, belonging to the company Morey’s Piers and Water Parks, located in Wildwood, NJ.

We use geolocation to provide further context to information. In this case, the app will clearly ask you if you want to share your location. You can withdraw this consent at any time.

If you consent, you can receive instant messages and advertising related with your visit to Morey’s Piers and Beachfront Water Parks.

2. PERSONAL DATA PROTECTION AND PRIVACY

2.1. DATA CONTROLLER AND CONTACT DETAILS

The data required for Morey’s Piers and Water Parks features is processed by Morey’s Piers and Water Parks. You can contact the data protection officer of Morey’s Piers and Water Parks by writing to: info@moreyspiers.com.

2.2. PERSONAL DATA PROTECTION RIGHTS

You are entitled to access your data, know how it is processed, correct any mistakes, or ask for it to be erased, ask to transfer your data (data portability), object to its processing and request restricted processing, as well as simply withdraw your consent.

To exercise your data protection rights, you can contact Morey’s Piers and Water Parks by emailing info@moreyspiers.com giving the reference ‘GDPR’.

Data protection law also establishes your entitlement to file a complaint with the data protection authorities.

2.3. HOW WE OBTAIN YOUR PERSONAL DATA

When you use this app, we can obtain data from:

Data provided by the user: Specific data is provided by the user, such as their username, password, email, settings, etc.

Data obtained from Morey’s Piers and Water Parks: Data obtained when you register for our services, make purchases, or take part in our loyalty programs.

Data obtained from the device: This app uses device location, the camera and identifying details provided by the operating system. The app also gathers and sends analytical usage information through cookies and other local storage devices.

Data generated by using the app: This app generates information on usage which is required for its operation and customization, as well as for analytics on usage and diagnosis.

Data from other services: This app includes features provided by other companies, such as authentication services (i.e., Facebook authentication) and interaction with social media. The use of these features requires disclosure of the data required for operation and integration with the app.

2.4. WHY WE PROCESS YOUR DATA, AND FOR HOW LONG

Data is used to provide you with our services for as long as the service lasts, and after that, during the liability periods.

To send you advertising, and other optional features, we will ask for your consent.

In accordance with our legal obligations, and for the legally established liability periods, we can keep and share your information with third parties, including legal, public or government agencies, private litigants, within or outside your country of residence, as well as to respond to court orders, warrants, subpoenas and other legal or regulatory processes.

2.5. USE OF DATA

User, activity, and usage information: Linked to your registration, the app gathers basic information like your full name, email address, date of birth, gender, and country. This information allows us to customize and secure the service.

Contact information: Contact information will be used to respond to your requests for technical assistance and comments.

Location information: We use precise geolocation services to provide further context to information. In this case, the app will clearly ask you if you want to share your location.

Cookies, local storage, and analytics: The app gathers and sends analytical usage information through cookies and other local storage devices. The analytics provider is Firebase Google Analytics / Crashlytics, a service which allows us to gather anonymous information to analyze app use and resolve technical issues, based on the Google Universal Analytics privacy policy: https://marketingplatform.google.com/about/analytics/terms/us/

App notifications: When you agree to allow the app to send your notifications, you agree to receive marketing information through them. If you do not agree, you can disable app notifications.

Advertising: We can include advertising in the app. We can also send you marketing information (email or app notifications). If you agree, we can customize information based on your profile.

3. LIMITATION OF LIABILITY

Accuracy of geographic information: Geographic information is for guidance purposes only. Common sense should always be applied in situations of real risk. Similarly, for technical reasons, apps might not show updated information at any time. As a result, Morey’s Piers and Water Parks will not be held liable regarding any of these circumstances.

4. PROMOTIONS OR VOUCHERS SYSTEM

This app could include a promotions or vouchers service. Promotions and vouchers are managed and approved by Morey’s Piers and Water Parks. This service will be open in some cases and require prior registration in other cases.

5. CORRECT USE OF THE SERVICE

As a User, you are required to use our services correctly, diligently, and lawfully, which means

You will use the services for the reasons for which they were designed, and you will not use the Site and/or its content for any purpose contrary to the law, public order, morality or generally accepted standards of decency; this means you cannot host, store, disclose, publicize, distribute or share any material or information which is illegal, racist, obscene, pornographic, abusive, defamatory, misleading or fraudulent, or use the service to defame, intimidate, threaten or harass other users or infringe their image rights

Morey’s Piers and Water Parks will not be held liable for content or images posted by users, although if it identifies any content which is not suitable for publication, Morey’s Piers and Water Parks reserves the right to delete it as soon as it comes to its attention

6. APP SPONSORSHIP

Please note that this app might be sponsored by one or several commercial brands. If not, Morey’s Piers and Water Parks reserves the right to add sponsors without prejudice to either of the parties.

7. AMENDMENT OF THE TERMS OF USE

Morey’s Piers and Water Parks reserves the right to amend the Terms of Use at any time, as well as the features offered through the app. Morey’s Piers and Water Parks agrees to notify this change through the most suitable medium.

8. APPLICABLE LEGISLATION AND JURISDICTION

These Terms, as well as the relations between Morey’s Piers and Water Parks and users, will be governed by the laws of the United States of America without prejudice to any other mandatory regulation determined by another applicable law, and in regard to the level of protection established by mandatory provisions of the consumer’s country of residence. Both parties agree to refer to the non-exclusive jurisdiction of the courts of The United States. The courts with jurisdiction over the consumer’s address shall also apply.

9. APPLICABLE DATE

09/27/2023

Morey’s Piers – The Fam Club Terms & Conditions

Welcome to The Fam Club (the “Program”), the official loyalty program of The Morey Organization, Inc. which does business as Morey’s Piers and Beachfront Water Parks (“Morey’s”). Participation in the Program is subject to these Terms and Conditions (the "Terms"). By enrolling or participating, you consent and agree to these Terms. The term “Member” herein shall refer to Program participants. Morey’s reserves the right to alter, limit, or modify Program rules, regulations, rewards, reward levels, and membership tiers, or to terminate the Program in its entirety at any time, at its sole discretion.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST MOREY’S ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU CANNOT BRING CLAIMS AGAINST MOREY’S IN COURT AND AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS.

1. Eligibility and Enrollment

Membership in the Program is free. No purchase is necessary. Membership is open to individual U.S. residents aged 13 or older. If a participant is between the ages of 13 and the age of majority in their state or jurisdiction, the participant, by enrolling in the Program, acknowledges that he/she has obtained permission to do so from a parent or legal guardian who agrees to be bound by these Terms. Associates and/or employees of Morey’s, its affiliates, and those who receive complimentary Season Passes are not eligible. Membership is limited to one account per person.

You may enroll in the Program through the Morey’s mobile app. You will be asked to provide certain information about yourself, including a valid and accurate email address, and to create an account password. It is your responsibility to keep your email address up to date and your password secure.

2. Account Management

Membership in the Program involves the use of the Morey’s mobile app. The use of the Morey’s mobile app is subject to the App Terms of Use and Privacy Policy (the “App Terms”). The App Terms are located on the Configuration page of the Morey’s mobile app. You agree that your membership in or use of the Program also subjects you to the App Terms.

Members are responsible for maintaining accurate email address information, and for maintaining account security. Any unauthorized access to or fraudulent activity involving a Member’s account may result in suspension or termination of membership. Accounts may be suspended or terminated at the sole discretion of Morey’s without advance notice or warning.

You may choose to deactivate your Program account at any time by emailing info@moreyspiers.com. In the event of account deactivation, either by you or by Morey’s, any reward points, reward options, or Program promotions, offers, or coupons will immediately expire.

3. Privacy and Data Usage

You agree that Morey’s may use the information provided during Program enrollment to manage the Program, and to communicate with you without limitation about Program changes, rewards points, promotions, bonus offers, coupons, and any other special offers and other benefits for Program members, as well as promotional communications for Morey’s generally. Data collected is subject to the Morey’s Privacy Policy, located at www.moreyspiers.com/privacy-policy, and which is incorporated into these Terms and Conditions.

Morey’s uses third-party providers, including but not limited to Spotlio A.G. to manage aspects of this loyalty program. Data collected may be shared with these third-party service providers for the purpose of managing the Program.

Morey’s does not knowingly collect information about individuals under 13 years of age. If you become aware of information collected from an individual under 13 years of age, please contact Morey’s directly at info@moreyspiers.com.

By participating in the Program, you agree that Morey’s is not liable for third-party service disruptions, errors, or data breaches beyond its reasonable control.

4. Earning Points and Membership Tiers

Members of the Program accrue points by making qualifying purchases at participating Morey’s or affiliate locations (“Eligible Purchases”). Participating locations are listed within the Member section of the Morey’s mobile app. Participating locations are subject to change. Review the Member section of the Morey’s mobile app for the most current information..

To earn points, Members must present their membership barcode at the time an Eligible Purchase is made. Points cannot be awarded once a transaction has been completed and cannot be awarded for past purchases. Points are not transferable between members.

Specialty promotions and limited-time bonus point offers may be offered periodically. Participation in these promotions is voluntary. These promotions may be subject to additional rules, requirements, terms and conditions. In the event such promotions have additional rules, requirements, terms and conditions, same will be communicated to Members at the time the promotion is announced.

Certain purchases are excluded from the Program (“Ineligible Purchases”). Points are not awarded for Ineligible Purchases. Ineligible Purchases include, but are not limited to, season passes, gift cards, hotel bookings, game credits, alcoholic beverages, retail sales, Big Little 9 purchases, taxes, and fees. Morey’s, at its sole discretion, reserves the right to revise the list of Ineligible Purchases, and to exclude additional products or services from the Program without notice. Please review the Member section of the Morey’s mobile app for the most current exclusions.

Members accumulate points at a rate associated with their pass type at the time of enrollment (their “Membership Tier”). Membership Tiers include Main Membership, Senior Wild Pass Membership, Water Park Wild Pass Membership, and Wild Pass Membership. Points award calculations are fully described in the Member section of the Morey’s mobile app.

Tiers, point award values, and eligibility criteria are subject to change at the sole discretion of Morey’s. Points may take up to 24 hours to appear in your transaction history in the Morey’s mobile app.

Earned points expire at the end of the next full season following the year they were earned (e.g., points earned during the 2025 season will expire at the end of the 2026 season). Expired points cannot be restored or reinstated and point expiration dates cannot be extended. Point expiration is subject to change at the sole discretion of Morey’s.

5. Points Redemption and Rewards

Points can be redeemed for rewards or items listed in the online Rewards Catalog (“Perks”) found on the Morey’s mobile app. Perks are subject to availability and may change without notice. Once a Perk is redeemed by a Member, the associated point value will be deducted from the Member’s point balance.

Redeemed Perks must be used before the expiration date indicated at the time of redemption. Unused Perks will expire without compensation upon their expiration date. Points have no monetary value, do not give rise to any proprietary right for Members, and may not be redeemed for cash. Perks and rewards may only be redeemed by the Member who earned them. Perks and rewards are not transferable.

6. Disclaimer of Warranties

THE PROGRAM IS PROVIDED “AS-IS” AND “AS AVAILABLE”. MOREY’S AND ITS AFFILIATED COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOREY’S AND ITS AFFILIATED COMPANIES DO NOT WARRANT THAT THE PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ITS OPERATION WILL BE ACCURATE, COMPLETE, OR ERROR-FREE. IN THE EVENT THAT THE EXCLUSION OF CERTAIN WARRANTIES IS NOT PERMITTED BY LAW, SUCH EXCLUSIONS MAY NOT APPLY, HOWEVER ALL OTHER EXCLUSIONS WILL REMAIN IN FULL FORCE AND EFFECT.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MOREY’S, ITS AFFILIATED COMPANIES, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF MOREY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT A COURT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENT OR CONSEQUENTIAL DAMAGES, MOREY’S LIABILITY IN SUCH CASES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT ANY LIABILITY EXISTS, TOTAL LIABILITY WILL NOT EXCEED THE EQUIVALENT VALUE OF ANY UNUSED REWARDS OR $100.00, WHICHEVER IS LESS.

8. Changes to Terms

Morey’s may change the Program terms, conditions, and/or rules at any time, with or without notice. Morey’s will post any revisions to these Terms, or any other Program conditions and/or rules on the Morey’s mobile app. Morey’s may also notify you directly of revisions by email. As permitted by applicable law, any such changes will become effective at the time Morey’s posts the revisions.

9. Termination

Morey’s may suspend or terminate the Program or revoke or limit your Program membership, including, without limitation by removing any points accumulated, at any time without notice or liability. Revocation of Program membership or forfeiture of points and/or Perks may result, without limitation, if a Member violates the Program Terms or any additional Program rules, or if the use of your account is unauthorized, fraudulent or otherwise unlawful.

10. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY, AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. YOU AND MOREY’S AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. WE BOTH AGREE TO ARBITRATE.

For the purposes of this section, “Morey’s”, “we”, “our”, and “us” include Morey’s, its officers, directors, employees, shareholders, agents, subsidiaries, predecessors, acquired entities, successors, and assigns, as well as any affiliate entities, and the respective officers, directors, employees, shareholders, agents, subsidiaries, predecessors, acquired entities, successors, and assigns of those entities.

Both you and Morey’s agree that any and all controversies, claims, actions, or disputes arising between you and Morey’s, arising from or relating to the Program or the Terms, including all claims based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory (a “Dispute”), shall be resolved as described in this dispute resolution procedure and arbitration agreement (the “Arbitration Agreement”).

Informal Dispute Resolution. Before initiating any arbitration, you must first present any Dispute to Morey’s by notifying Morey’s at info@moreyspiers.com to allow for a good faith opportunity to resolve the Dispute. Such notice must include your name and contact information (including address, telephone number, and email address), as well as a detailed description of the nature and basis of the Dispute and the nature and basis of the relief sought with a detailed calculation.

If we are unable to resolve a Dispute through the mandatory informal dispute resolution process described above within sixty (60) days, you or Morey’s agree that all Disputes will be resolved entirely through the binding individual arbitration process set forth in this section. Both you and Morey’s agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration or filing any claim against the other party.

Small Claims. Claims filed by you or by us in a small claims court of competent jurisdiction are not subject to arbitration as long as the Dispute remains in such court, remains subject to the applicable dollar limits, and advances only an individual claim for relief. If you elect to pursue resolution of an eligible Dispute in small claims court, you must notify Morey’s in writing.

Arbitration Proceedings. Either party may initiate an arbitration proceeding, which shall be administered by the American Arbitration Association (“AAA”), pursuant to its then-current Consumer Arbitration Rules (the “AAA Rules”), except to the extent that any of those rules are in conflict with these Terms, in which case the Terms shall govern. The AAA Rules are available on the AAA website at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. If you are a consumer with a non-commercial dispute, and are able to demonstrate, in a writing signed by you, that the costs of arbitration will be cost-prohibitive as compared to the costs of litigation and that you sought, but were unable to obtain, a waiver of arbitration fees, we will pay as much of your required filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the cost of arbitration from being cost-prohibitive. To the extent allowed by applicable law and this agreement, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party. If any claim asserted in arbitration is deemed to be frivolous, the defending party shall be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred.

Waiver of Right to a Jury Trial, and to Class Action or Representative Action. You and we agree that, by agreeing to arbitrate any Disputes, the parties are each waiving the right to a jury trial before a judge in court, with the exception of matters that may be taken to a court as described in this section. You and we acknowledge that arbitration will limit our legal rights, including the right to a jury trial, the right to conduct full discovery, and the right to appeal. You also agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Program and/or these Terms will be resolved individually, without resort to any form of class action or representative action.

Other Terms. The terms of this section shall survive after your relationship with Morey’s and/or your use of the Program terminates. Any arbitration will be confidential, and neither you nor we may disclose the existence, contents, or results of any arbitration, except as may be required by law or other purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court of competent jurisdiction. If any portion of this section is deemed invalid or unenforceable, it will not invalidate the remaining portions of the section, which shall remain in full force and effect.

11. Governing Law

The Program and these Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions.

12. General Provisions

Modifications. The terms, conditions, rules, and requirements described herein are subject to change with or without notice. Continued participation in the Program shall indicate a Member’s assent to and acceptance of such changes. The current version of these Terms may be found in the Members section of the Morey’s mobile app.

Severability. In the event that any term or provision of these Terms is deemed to be illegal, unenforceable, or invalid by a court of competent jurisdiction, such provision shall be given its closest legal interpretation or be construed as such court determines, and the remainder of the Terms shall be construed to remain in full force and effect.

Waiver. Failure of Morey’s to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance.

Other Terms. Any other terms, conditions, rules, or regulations associated with the Program are hereby incorporated by reference into these Terms.

Assignment. Morey’s may assign or delegate its obligations under the Program, in whole or in part, at any time with or without notice to Members. Members may not assign benefits of the Program, or any part thereof, to any other person or entity. Any attempt to do so shall be void.

Survivability. The paragraphs titled “Disclaimer of Warranties”, “Limitation of Liability”, “Arbitration Agreement”, “Governing Law”, and “General Provisions” shall termination of the Program and/or these Terms for any reason.